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Nevada passes nations first law banning marijuana pre-employment testing

7-8-2019

Nevada passes nations first law banning hiring decisions based on positive marijuana pre-employment tests

NV Beginning in 2020 non-federal employers will not be able to reject job seekers for testing positive for THC in Nevada. This is the first legislation of it’s kind in the nation. The law, assembly bill AB132, specifies certain safety sensitive job titles from the law as well as indicates that it does not apply when in conflict with federal law. As marijuana is still a banned substance under federal regulations, prospective employees looking for jobs in the trucking, airline, oil and pipeline, and transit industries need to know they are not protected by the new law.

 


Excerpt

“Except as otherwise specifically provided by law:
1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective
employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:
(a) As a firefighter, as defined in NRS 450B.0 71;
(b) As an emergency medical technician, as defined in RS 450B.065;
(c)That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
(d)That , in the determination of the employer, could adversely affect the safety of others.
3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.
4. The provisions of this section do not apply:
(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.
(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.
(c) To a position of employment funded by a federal grant.
5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.
This act becomes effective on January 1, 2020.”
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Marijuana legislation changes rapidly and employers, HR managers and anyone with hiring ability would be wise to keep up with their states most recent changes. AtHandTraining recommends those who need to know set up a Google Alerts with their state’s name+law (via https://www.google.com/alerts) so they can be notified whenever new legislation is being considered or passed.

 

 

 

 

 

 

 

 

Map image: SHRM

 

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49% of America’s Human Resource Depts Saying Opioids Impacting their Workforce

49% of America’s Human Resource Depts Say Opioids Impacting their Workforce

(Article summary/highlights) – https://www.dailymail.co.uk/health/article-6435079/HALF-Americas-HR-departments-say-opioids-affected-workforce-study-finds.html

oxycodone

A new survey by The Hartford, an insurance company, found that 49% of American businesses say the opioid epidemic is affecting their offices and work sites, yet only 18% of employees feel they could recognize the effects of opioid abuse.

Fast facts:

  • Nearly one in three Americans knows someone struggling with an opioid addiction. That person might be a friend, a family member, or a co-worker.
  • Only 18 percent felt confident that they would recognize the signs of opioid addiction.
  • In total, the opioid epidemic is estimated to cost the US economy some $40 billion a year.
  • National Security Council says that employers have to spend three times more on healthcare costs for employees with substance abuse disorders than they do on other employees.
    • The NSC urges employers to maintain strong policies against drug use, screen for opioids specifically and train employees to recognize warning signs that someone may be misusing or at risk for misusing opioids.

The Centers for Disease Control and Prevention (CDC) notes that, in the current opioid abuse epidemic, many people can trace their struggle with addiction back to a prescription for a narcotic painkiller, given to them after a dental surgery, back injury, or other instance of serious pain. Below is a list of some of the most addictive opiates that are commonly abused. Note that nearly all are available via prescription.

  1. Oxycontin
  2. Opana
  3. Demerol
  4. Percocet
  5. Vicodin
  6. Methadone
  7. Morphine
  8. Fentanyl
  9. Dilaudid
  10. Heroin

Warning signs of opioid abuse:

Material Signs

  • Presence of syringes or needles in their rooms that have not been used for other medical purposes.
  • Presence of burned silver spoons in their bedrooms.
  • Gum wrappers and aluminum foils with notable burn marks. 
  • Missing shoelaces. Many heroin addicts use shoe laces as some form of a tie off for injection sites.
  • Presence of small plastic bags that contain a fine white powdery residue.
  • Presence of strange water pipes or other types of small pipes.

Behavioral Signs

  • Lying or other forms of deceptive behaviors.
  • The person does not maintain eye contact and at times and their field of vision seems distant.
  • Unusual increase in time spent for sleeping.
  • Increase in garbled, incoherent or slurred speech.
  • Sudden and alarming worsening of school or work performance, which may include expulsion or loss of jobs.
  • Decreased levels of attention to their physical appearance, outlook, and hygiene.
  • Loss of self-drive, apathy, and motivation toward future goals.
  • Withdrawal from family members and friends.
  • Making new friends with no natural tie and spends quite a lot of time with them.
  • Complete lack of interest towards favorite sports and hobbies.
  • Repeated instances of borrowing money from loved ones or stealing from them and to some extent, unexplained loss of valuables. This is done with a motive of getting money to buy drugs.
  • Strange and unusual hostile behaviors toward friends and loved ones. This may include putting blame on them for broken commitments or for withdrawal.
  • Regular and common comments which to an extent indicate a decline in self-esteem and worsening body image.
  • Wearing loose clothes such as long sleeves or long pants even in very hot weather conditions in order to conceal needle marks.

 

Workplace training:

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More people died from drug overdoses in 2017 than guns, murders, or car accidents

More people died from drug overdoses in 2017 than guns, murders, or car accidents

Article highlights (or maybe ore properly “low-lights”) 

  • Drug overdoses led to more deaths in the U.S. in 2017 than any year on record and were the leading cause of death in the countryDEA
  • More than 72,000 people died from drug overdoses in 2017 (up 15% from 2016)- NIH
  • The DEA attributed last year’s uptick in deaths to a spike in opioid-related fatalities. The agency said 49,060 people died as a result of abusing opioids, up from 42,249 in 2016.

Read the full article here: https://www.washingtonexaminer.com/news/more-people-died-from-drug-overdoses-in-2017-than-guns-murders-or-car-accidents

 

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